Los Angeles daily herald., 1887-03-12
RanrA Of state " ater Commits.
sI0mGF9,

heard Of state " ater Commits
sioners.
Brierly's bill, to establish a State
Board of Water Commissioners, is
likely to become law. 1t has finally
passed the Senate with some amend
ments, which will doubtless be con-
CURED in by the House, and the bill
will 90 to the Governor for approval.
The HERALD has already discussed
this measure and doubted its efficacy
10 secure all the benefits which the
author of the bill hopes will result
from it. The object OF the measure is
10 establish a Commission of five, to
b. appointed by the Governor, at a
salary of $4,000 each. These Com
missioners are to examine the sub
iect of irrigation in all its phases; to
INQUIRE into the subject OF water
courses and water rights throughout
the State; to frame complete code
OF laws with respect to irrigation; to
report fully the result of their in
uuiries and recommend code OF
laws or curse of legislation on the
subject to the Governor for transmits
zion to the Legislatures to meet in
1889; to attend upon the Legislature
for the purpose of explaining the
subject and their propositions, and
facilitating the passage OF needed
laws. In the performance OF their
d lties the Commissioners are re-
uuired to thoroughly familiarize
themselves with the physical and
other data in the State Engineers
Office; to examine the field through
tut the State in the light of such
data; to take and record tes simony,
receive statements. hear arguments
and explanations from persons locally
interested in the subject of their la
bors, and for this purpose to hold
open meetings in the chief town OF
each county interested in irrigation,
mining, or the improvement OF the
AIavigable streams of the State; to
collect or cause Ito be collected such
additional data with reference to facts
of water supply and storage, with
reference to irrigation and mining,
and the preservation of water-courses,
etc., as may be necessary or expedi-
ent for their purpose; to examine and
study the existing laws and decisions
which bear upon these subjects in
California, as we'll as the laws and
systems of administration of water
courses, water supply and use of
waters in other States and nations;
to point out how private rights in
natural water courses, such as may
be recognized and insisted upon by
the Supreme Court, may be most.
readily set aside or extinguished, for
the benefit of irrigation. by process of
law; and to make public the results
of their proceedings and delibera-
tions from time to time by reports OF
progress to the Governor, and thus
enlighten the public ON the subject
as the work goes on. These consti-
tute the main features ofsthe duties
that will devolve upon the Commits
sioners, and they ares senough, in all
conscience. If any five men in the
State can do the work laid out for
them in this measure in satisfactory
manner in two years, or in five years,
we shall be glad to know it. 1t is,
however. worthi the trial, and the
people will not be backward
to aid the Commission in every
way possible. The reason why
we do not believe that this meas
ure will result in all the benefits its
friends hope for, is because no body
of men-no matter how splendidly
equipped by intellect, learning and
they may be-can frame a
system of laws that will prove satis-
factory upon a subject SO involved,
and one that embraces so great
variety of interests, and touches so
many different ands diversified char
acteristics of soil, of topography, OF
rights and claims in water. Laws and
rules and regulations that mightwork
well in one locality might not suit an
other. Indeed, in the end it will be
found that no general!system OF rule
can be made to apply to every dis
trict. And this brings us to the core OF
our objection, and that is that the
Forced process of evolving a code to
govern irrigation is opposed to all ex-
perience with reference 10 this class
of laws. They are not made. They
make themselves. They grow up
rom custom. They are the result of
and time. Necessity
points them out, and they make them
selves. Each district will soon know
exactly how il should be governed.
The circumstances Of its location and
the facilities or difficulties which ma
sure offers or opposes to its sue
sessful irrigation will lay the founda-
ions for the laws that ought
b govern it. Nevertheless, we are
NJ disposed to say that such
) Conmission ~ Mr.. Brierly's